Human Rights Obligations of States in the Context of Climate Change
Summary
This briefing describes the activities of the Human Rights Committee (CCPR) regarding climate change across its three primary functions: the State reporting procedure, General Comments and Statements, and the Communications procedure. It highlights the Committee's evolving interpretation of the right to life under the International Covenant on Civil and Political Rights (ICCPR) in the face of environmental degradation.
Key insights
- In 2018, the Human Rights Committee adopted General Comment No. 36, which identifies climate change and unsustainable development as critical threats to the right to life for current and future generations. This guidance establishes that States have a "due diligence obligation" to take reasonable positive measures to address foreseeable threats to life coming from private entities or persons not attributable to the State.
- The CCPR began making climate-related recommendations to States in 2019. It issued a recommendation to Cabo Verde, urging the small island state to implement environmental standards, impact assessments, and the precautionary approach to protect vulnerable people from natural disasters and climate change. The Committee also addressed climate issues in its Lists of Issues for the United States and Dominica; for Dominica, the Committee specifically referenced the rights to privacy, family, and home (article 17) and the right to vote and participate in public affairs (article 25).
- In the case of Teitiota v New Zealand (Communication No. 2728/2016), the CCPR accepted that climate change impacts could trigger State obligations not to deport individuals if such impacts violate the right to life. Although the petition was rejected, the Committee acknowledged that Kiribati would be uninhabitable in 10-15 years due to sea level rise and noted that New Zealand must consider updated climate data in future deportation cases.
- A pending complaint (Communication No. 3624/2019) was lodged in May 2019 by Torres Strait Islanders against Australia. The claimants argue that Australia's failure to reduce emissions and provide adequate adaptation measures violates their rights to life and culture, as climate-induced sea level rise and erosion threaten their land, food, and water sources, potentially forcing displacement to mainland Australia.
Cite the original document
- APA
- Center for International Environmental Law (n.d.). Human Rights Obligations of States in the Context of Climate Change. https://www.ciel.org/wp-content/uploads/2020/03/CCPR.pdf
- Chicago
- Center for International Environmental Law. Human Rights Obligations of States in the Context of Climate Change. n.d. https://www.ciel.org/wp-content/uploads/2020/03/CCPR.pdf.
- Wikipedia
- {{cite report |author=Center for International Environmental Law |title=Human Rights Obligations of States in the Context of Climate Change |url=https://www.ciel.org/wp-content/uploads/2020/03/CCPR.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{centerforinternationalenvironmentallawndhuman, author = {{Center for International Environmental Law}}, title = {{Human Rights Obligations of States in the Context of Climate Change}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2020/03/CCPR.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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